MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 10 – Information society and media Bilateral screening: Chapter 10 PRESENTATION OF MONTENEGRO Brussels, 21 -22 January 2013

Chapter 10: Information society and media FRAMEWORK DIRECTIVE Žarko Marjanović Senior Advisor for Legal Affairs Ministry for Information Society and Telecommunication zarko. marjanovic@mid. gov. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Contents q q q q Relevant Acquis National regulatory authorities - EKIP National regulatory authorities - AEM Provision of information and Right of appeal Consultation and transparency mechanism Management of radio frequencies for electronic communication services Numbering, naming and addresses Right of way and Co-location and facility sharing Accounting separation and financial reports Undertaking with significant market power Standardisation Interoperability of digital interactive television Dispute resolution between undertakings Proposal of Law on Electronic Communication and ammended provisions of the Framework Directive MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Relevant Acquis ØDirective 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services Ø Directive 2009/140/EC MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media National Legislation Ø Law on Electronic Communications (Off. Gazette of Montenegro 50/08, 70/09, 49/10, 32/11) Ø Electronic Media Law (Off. Gazette of Montenegro 46/10, 40/11, 53/11) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media National Regulatory Authorities - EKIP ØArticle 7 – Status of the Agency – The Agency for Electronic Communications and Postal Services (EKIP) is functionally independent of the legal and physical entities that provide electronic communications networks, equipment or services; – Activities of the Agency are public; – Statute is approved by Government; ØArticle 8 – Competencies (Responsibilities) of the Agency ØArticle 9 – Bodies of the Agency – Council of the Agency and Executive Director; – President of the Council and members of the Council are appointed by The Parliament of Montenegro after public recruitment procedure; ØArticles 11 to 16 – – – Selection criteria for appointment of Council members; Dismissal of Agency Bodies; Financial Sources, Financial Plan, Program of Activities; Accounting in the Agency; Surplus and lack of funding; The Agency’s Activities Report; ØArticle 4 a – The Parliament of Montenegro adopts The Agency’s Annual Activities Report and Financial Report; MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media National Regulatory Authorities - AEM ØArticle 10 – Status of the Agency - The Agency for Electronic Media (AEM) shall be an independent AVM service regulatory body with public authorities acting pursuant to Law on Electronic Media; - The Agency acts in public interest ØArticle 11 – Coordination with other regulators and state authorities - Cooperates and exchanges information ØArticle 12 – Competencies (Responsibilities) of the Agency ØArticle 13 – Bodies of the Agency - AEM Council and AEM Director ØArticles 14 to 39 - Publicity of AEM’s operation; Conflict of interest; Appointment and dismissal of Council members, Council members nominators; Council shall be appointed and dismissed by the Parliament of Montenegro; Independence of Council members; ØArticle 40 - Responsibilities and duties of AEM Director; ØArticles 42 and 43 – AEM’s funding and Financial Plan - Surplus of AEM’s revenues over expenditures may be used solely for pursuit of legal requirements related to the performance of this function. - The Budget Law prescribes that a competent body of the independent regulatory authority (Agency Council) defines a proposal of the Financial Report for the previous year to be adopted by The Parliament of Montenegro MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Provision of Information and Right of appeal Ø Article 18 – Any electronic communications network operator and service provider shall make all the information at their disposal, including financial, available to the Agency upon a written request in form and deadlines requested by the Agency; Ø Article 19 – The Council of the Agency shall make decisions on rights and obligations of the operators providing electronic communications services and/or electronic communications network; – General administrative procedure; – A complaint may be lodged against the Decision of the Agency, before the Ministry within 15 days as of the day of Decision receipt; – A law suit against the Ministry’s decision may be submitted to the competent court. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Consultation and Transparency Mechanism ØArticle 43 Any measure, imposed to SMP operator, may be implemented by Agency only based on previously held public debate with the operators, users and other stakeholders, in cooperation with relevant national or foreign body for protection of competition; ØArticle 68 If the Agency considers that interest in a particular radio frequencies could exceed the availability and thereby question the efficient use thereof, it shall acquire the opinions of interested parties concerning the conditions of use of frequencies, market value of frequencies and on limiting number of approvals for radiofrequencies; ØArticle 118 – Public Influence Important in the phase of market modeling and adopting the regulations with significant influence to the specific market; MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Management of Radio Frequencies for Electronic Communication Services ØFrequency allocation plan – Harmonisation – Radio Spectrum Decision ØFrequency assignment plans ØApproval for Use of Radio Frequencies – Upon request – Public tender procedure for granting rights of use of radio frequencies to providers of radio and television broadcast content is conducted pursuant to Electronic Media Law – Transfer of right of use (Article 79) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Numbering, Naming and Addresses ØNumbering Plan and Plan of Addresses - The Agency shall administer Plan on Numeration and Plan on Addresses for the purpose of: providing efficient structuring and use of numerations and addresses; satisfying the needs of operators entitled to allocation of numerations and addresses according to this Law and providing allocation and use of numerations and addresses in a fair and non-discriminatory manner. ØApproval for Use of Numeration and/or Addresses - General administrative procedure or tender procedure when is estimated that interest surpasses availability of the resource; MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Right of way and Co-location and facility sharing ØRight of Way –Right of Way is subject of Law on Legal Property Relations, Article 22 (Official Gazette, no 19/09); ØArticle 33 - Co-location and facility sharing –For purposes of rational use of space, protection of the environment or public health, public security or the urban planning, construction of objects and infrastructure of public operators, shall be conducted in the manner as to enable, to the maximum possible extent, availability of quality joint use of electronic communication infrastructure; –Operators of public communications networks shall be obliged to negotiate with other operators of public communications networks, for the joint use of electronic communications infrastructure, if such use is technically feasible and does not cause harmful interference. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Accounting Separation and Financial Reports ØArticle 35 – Legal entities performing business activities that are not exclusively in the field of electronic communications; – These are obliged to establish an independent legal entity for provision of public communications networks or services or to keep separate accounting for activities in relation to provision of public communications services. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Undertaking with Significant Market Power ØChapter V – Ensuring competition –Article 40 defines significant market power and joint dominant positions as well as criteria for assessment of significant market power; –Articles 41, 42, 43 – market definition, market analysis procedures and SMP operator identification; –Articles 44 to 51 stipulate measures that may be imposed to SMP operator; MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Standardisation ØArticle 8 –Agency supervises work of the operators in the electronic communications sector regarding harmonization with the Law, sub-laws and valid technical regulations and standards; ØArticle 36 –The Ministry shall, in accordance with international standards, prescribe the conditions for interoperability of digital radio and television user equipment; ØArticle 106 –Quality of universal service; ØArticle 134 –Supervisor’s responsibilities ØRulebook on quality of public electronic communication services ØRulebook on quality of Universal service ØRulebook on operator’s access and interconnection MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Interoperability of Digital Interactive Television ØArticle 36 –Operators providing public communications networks used for distribution radio and television programs are obliged to ensure access to application program interfaces (API) or electronic program guides (EPG) under fair and non-discriminatory; –The Ministry prescribes the conditions for interoperability of digital radio and television user equipment. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Dispute Resolution between Undertakings ØArticle 20 –In case of a dispute arising among operators providing electronic communications networks or services, the operators can agree in written form or the Agency suggests for the dispute to be settled by applying the rules for mediating or arbitrary procedures, if they would contribute to a better and a more timely resolution of such a dispute, in accordance with objectives of efficient competition, market development and protections of users’ interests; ØArticle 33 –When an operator of public communications networks is denied access to electronic communication infrastructure or an agreement on joint use is not reached, the Agency shall resolve the subject of the dispute in question upon the request from one of the parties, in accordance with this Law; ØArticle 34 –If the agreement on interconnection or operator access can not be reached, the Agency shall resolve the dispute, upon a request from one of the parties thereto, within 30 days, regulating only such issues on which agreement could not have been reached by the parties involved. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Proposal of Law on Electronic Communication and ammended provisions of the Framework Directive ØPolicy objectives and regulatory principles –Article 3 stipulates objectives and principles such as: objectivity, transparency, nondiscriminatory and proportionate measures; ØAgency’s bodies are Council and Executive Director –Agency’s Council is responsible to The Parliament of Montenegro; –Council members are appointed by The Parliament of Montenegro; –Executive Director is appointed by The Agency’s Council; –Executive Director is responsible to the Agency Council; –Articles 16 and 17 define Selection Criteria and measures to prevent conflict of interests of Council members and Executive Director; –Article 19 and 22 define dismissal procedures of Council Members and Executive Director; ØArticle 24 - Financial sources and Financial plan –Activities Plan with Financial Plan shall be adopted by The Parliament of Montenegro; ØArticle 26 - Agency’s Activities Report and Financial Report –Activities Report with Financial Report shall be considered and adopted by The Parliament of Montenegro; ØArticle 27 - Surplus of funding –If the total revenues generated by the Agency are higher than total expenditures, the surplus shall be remitted to Account of The Budget of Montenegro. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Proposal Law on Electronic Communication and ammended provisions of the Framework Directive ØArticle 22 – Decision making procedure –The Council shall make decisions; –General administrative procedure; –Right of appeal to competent Court; ØArticle 30 – Provision of information ØArticle 31 – Confidentiality of Data ØArticle 33 – Public consultation procedure ØArticle 34 – Dispute resolution ØArticle 35 – Cooperation with other competent bodies ØArticle 45 – Right of easement MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: Information society and media Proposal Law on Electronic Communication and ammended provisions of the Framework Directive ØArticle 167 – Security and integrity of electronic communication networks and services –Appropriate technical and organizational measures in order to guarantee integrity, security and continuity of supply of services; –Measures in case of breach of security or loss of integrity; ØStandardization –Articles 3, 11, 39, 59, 127, 188 ØFinancial Penalities –Articles 191 to 195 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Thank you for your attention. QUESTIONS